AGREEMENT
between
GRAND VALLEY STATE UNIVERSITY
and
POLICE OFFICERS ASSOCIATION OF MICHIGAN
and
GRAND VALLEY POLICE OFFICERS ASSOCIATION
6/1/09 – 5/31/12
TABLE OF CONTENTS
Academic Participation ...................................................................................................................... 23
Aid to Other Unions ............................................................................................................................ 3
Basis for Pay ...................................................................................................................................... 12
Call-in Duty...................................................................................................................................... .... 15
Complaint Procedure..................................................................................................................... ...... 4
Complete Agreement .......................................................................................................................... 24
Definition of Employee ........................................................................................................................ 1
Dental Insurance ................................................................................................................................ 22
Description of Bargaining Unit ............................................................................................................ 1
Discharge or Discipline ....................................................................................................................... 7
Discrimination – Union ........................................................................................................................ 2
Discrimination – University ................................................................................................................. 3
Dues - Check-off ................................................................................................................................. 3
Educational Leave of Absence ........................................................................................................... 16
Grievance – Arbitration ....................................................................................................................... 6
Grievance – Definition ........................................................................................................................ 5
Grievance - Investigation and Representation .................................................................................... 6
Grievance - Pre-arbitration Conference .............................................................................................. 5
Grievance – Procedure ....................................................................................................................... 5
Grievance - Time Limit........................................................................................................................ 6
Holidays............................................................................................................................................ ... 17
Holiday – Worked............................................................................................................................. ... 17
Jury Duty.............................................................................................................................................. 16
Leave for Union Business ................................................................................................................... 16
Leaves of Absence With Pay .............................................................................................................. 16
Leaves of Absence Without Pay ......................................................................................................... 15
Legal Basis ......................................................................................................................................... 1
Letter of Agreement – Insurance Committee ...................................................................................... 30
Life Insurance ..................................................................................................................................... 22
Long-term Disability ............................................................................................................................ 20
Medical Insurance .............................................................................................................................. 22
Military Duty ....................................................................................................................................... 16
Military Leave of Absence................................................................................................................... 16
Other Work Assignments .................................................................................................................... 24
Overtime Pay ...................................................................................................................................... 13
Payment ............................................................................................................................................. 13
Premium Pay ...................................................................................................................................... 15
Promotions ......................................................................................................................................... 13
Provision of Lists ................................................................................................................................ 4
Rate of Job ......................................................................................................................................... 13
Rates for New Jobs ............................................................................................................................ 15
Ratification, Termination and Modification .......................................................................................... 25
Reassignment to a Lower Classification ............................................................................................. 13
Reassignment to an Officer Classification .......................................................................................... 9
Rest Breaks ........................................................................................................................................ 10
Retirement .......................................................................................................................................... 20
Salary Continuation ............................................................................................................................ 16, 18
Seniority.............................................................................................................................................. 7
Short-term Disability ........................................................................................................................... 16, 19
Special Conferences........................................................................................................................... 4
Student Employees............................................................................................................................. 2
Trainee ............................................................................................................................................... 1
Training............................................................................................................................................... 23
Uniforms ............................................................................................................................................. 22
Union Membership.............................................................................................................................. 3
Union Responsibilities ........................................................................................................................ 2
University's Responsibilities................................................................................................................ 2
Vacation Accrual................................................................ ................................................................. 18
Wages (Appendix A) ........................................................................................................................... 27
Work Week....................................................................................................................................... ... 10
Worker's Compensation....................................................................................................................... 23
Working Hours – Definition ................................................................................................................. 10
Section 1 Agreement
THIS AGREEMENT entered into this June 1, 2009, between the BOARD OF TRUSTEES OF GRAND
VALLEY STATE UNIVERSITY (hereinafter referred to as the "University") and the Grand Valley Police
Officers Association and the POLICE OFFICERS ASSOCIATION OF MICHIGAN (hereinafter referred to as
the "Union").
WITNESSETH:
Section 2 Recognition
2.1
Legal Basis. The Michigan Employment Relations Commission having conducted a
representation election on July 17, 1978, and having certified the Union as the exclusive
bargaining agent, the University hereby recognizes the Union as the exclusive
representative for all employees in the unit as described in Section 2.2 of this Article for the
purpose of collective bargaining in respect to rates of pay, wages, hours of employment
and other conditions of employment for the term of this Agreement.
2.2
Description of Bargaining Unit. This Agreement shall be applicable for all Department of
Public Safety employees listed in Appendix A of this Agreement excluding from the
foregoing all office and clerical employees, students, temporary, executive, supervisory
employees and all others not specifically included in Appendix A.
2.3.1
Definition of Employee. The term "employee" or "employees" as used in this Agreement
(except where the context clearly indicates otherwise) shall mean a person appointed by
the University to work in a position included in the above-described bargaining unit for an
undetermined period of time; i.e., for a period of time not specifically limited in duration.
The term "temporary employee" as used in this Agreement shall mean a person who has
been appointed to work in a position included in the above described bargaining unit for a
specific period of time (limited to six (6) months) for the purpose of: (1) completing a
specific project, (2) filling in for regular employees who may be absent, or (3) augmenting
the regular staff as required to meet conditions creating limited-term staff shortages. The
term "probation" or "probationary employee" shall mean any employee who has served
less than six (6) calendar months in University's employment since his/her last
employment date.
2.3.2
The term "full-time employee" shall mean an employee whose normal schedule of work is
forty (40) hours per week.
2.3.3
The term "part-time employee" shall mean an employee whose normal schedule of work is
twenty (20) hours or more per week.
2.3.4
Trainee. The term "trainee" shall mean an employee who is hired by the University to serve
in a training capacity as arranged by the Director of Department of Public Safety. The
length of a trainee's appointment shall be determined by the University and it is understood
that the trainee and/or trainee position is terminable by the University at any time. A trainee
upon becoming certified as a law enforcement officer will immediately begin their
probationary period as described in Section 2.3.1 and whose date of hire for
purposes of seniority and all applicable benefits shall be the date on which they become a
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probationary employee. In the discretion of the Director, the date of hire may relate back
and credit may be given towards completion of the probationary period for continuous
previous employment as a trainee, however, benefits accrue as of the date the trainee
becomes certified. The only benefits trainees shall be eligible to participate in are health
and life insurance as described in Sections 12.5 and 12.6. However, in no case shall a
regular employee covered by this Agreement be laid off or take a reduction in pay as a
result of trainee employment in an operational district of the University.
2.3.5
Student Employees. It is recognized by the Union that as a matter of policy the University
is committed to provide work and/or training opportunities for students in the bargaining
unit. Nothing contained in this Agreement shall be construed to impinge upon the above
policy.
Section 3 Responsibilities of Agreeing Parties
3.1
Union Responsibilities.
3.1.1
Coercion, Intimidation, Solicitation. The Union agrees that it will not coerce or intimidate
any employee regarding Union membership or activity subject to the provisions of Section
4.1. The Union agrees further that there shall be no solicitation of employees for Union
membership, payment of dues, or conduct of Union business (unless specifically permitted
herein) on the University's time.
3.1.2
Strikes and Interference. The Union and its officers and agents agree that they shall not
authorize or conduct a strike against the University because the grievance and arbitration
procedure herein provides an orderly procedure for settlement of disputes concerning the
application of the terms of this Agreement and because it is not lawful for public employees
to do so. The Union and its officers and agents further agree that they shall not authorize,
conduct or participate in sit-downs, slow-downs, stoppages of work, or in any acts of a
similar nature which interfere with the orderly operation of the University. They also agree
that they will not otherwise permit the existence of or continuance of any of the above acts.
In the event of a violation of the provision, the Union will take affirmative action to
terminate and to remedy such violation.
3.1.3
Discrimination. The Union agrees that it will not in any way, in matters of membership,
administration of Union affairs, or in the administration of this Agreement, discriminate
against any qualified employee because of his/her race, creed, age, sex, non-disqualifying
handicap, union membership, political affiliation, height, weight, marital status or national
origin, as required by law. The Union and University agree they will work together to take
all action necessary to comply with all applicable laws, especially as they apply to the
matter of reasonable accommodation.
3.2
University's Responsibilities.
3.2.1
Retention of Rights. The University, by this Agreement reserves and retains solely its
management rights and functions except as they are clearly and expressly limited by this
Agreement. Such rights, by way of illustration, include, but are not limited to (1) full and
exclusive control of the management of the University, the supervision of all operations,
the methods, processes, and means of performing any and all work, the control of the
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property and the composition, assignment, direction and determination of the size of its
working forces; (2) the right to change or introduce new or improved operations, methods,
means or facilities; (3) the right to hire, schedule, promote, demote, transfer, release, and
layoff employees; (4) the right to suspend, discipline, and discharge employees for cause;
(5) the right to establish Rules and Regulations which shall be published and issued to
each employee or posted on bulletin boards, and it is understood that the Rules include
any illegal acts; (6) the right to subcontract such portions of the work which may be done
by bargaining unit employees as the University deems to be in its best interest and to
otherwise maintain an orderly, effective and efficient conduct of its affairs. In the event of a
permanent close down of an operation, a special conference on the matter will be
arranged by the University. The University agrees not to "lock-out" the employees during
the term of this Agreement.
3.2.2
Discrimination. The University agrees that it will not discriminate against any qualified
employee in matters of employment, promotion, demotion and assignment because of
his/her race, creed, age, sex, non-disqualifying handicap, union membership, political
affiliation, height, weight, marital status or national origin, as required by law. The Union
and University agree they will work together to take all actions necessary to comply with all
applicable laws, especially as they apply to the matter of reasonable accommodation.
3.2.3
Aid to Other Unions. The University will not aid, promote or finance any labor group or
organization which purports to engage in collective bargaining or make any agreements
with any such group or organization regarding employees in this bargaining unit for the
purposes of undermining the Union.
Section 4 Union Membership and Dues
4.1
Union Membership.
4.1.1
All present employees covered by this Agreement and employees hired, rehired, reinstated
or transferred into the bargaining unit shall become members of the Union, or shall pay to
the Union a lawful sum per pay period which represents the Agency fee, within one month
after the effective date of this Agreement and shall continue such membership or payment
as a condition of employment. Any employee who objects to the expenditures of a portion
of such payment for partisan, political or ideological purposes, shall have the right to
dissent from such expenditures.
4.1.2
For purposes of these sections, employees shall be deemed to meet the requirements of
Section 4.1.1, if they are not more than sixty (60) days in arrears in payment of
membership dues or the appropriate amount.
4.2
Check-off of Union Dues.
4.2.1
Authorization for Check-off. The University will honor voluntary dues or payment
deduction authorizations submitted in writing to the University on a form provided for this
purpose. The University and the Union shall develop such a form which shall clearly
identify the purpose, the amount and the frequency of the deduction. Deduction
authorizations shall be effective in the next pay period when a deduction would normally
be executed providing the authorization form is received by the University before each pay
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period and only for those employees who have signed the payroll deduction form and who
received pay checks at that time. The total amount deducted shall be paid to the labor
council, as soon as practicable after the deductions are made. The University shall have
no responsibility for the collection of initiation fees, special assessments, or any other
deductions, nor for collection of membership dues, except as provided herein.
4.2.2
Cancellation of Check-off. An employee may cancel their payroll deduction authorization at
any time by written notification to the University on a form provided by the University for
this purpose. The cancellation shall then be effective the next following pay period for
which the normal deduction would have been made.
4.2.3
Provision of Lists. The University agrees to provide to the Union each month a list of
employees for whom deductions were executed.
4.2.4
Limit of University's Liability. The University shall not be liable to the Union by reason of
the requirements of the Agreement for the remittance of payment of any sum other than
that constituting actual deductions under an authorization as provided above made from
wages earned by employees.
4.2.5
Disputes. Any dispute concerning an employee's membership in the Union and/or the
execution of the terms of this Section shall be a proper subject for a special conference.
The Union shall hold the University harmless and indemnify the University for any claims
or expenses or liability incurred relating to the deductions provided in Section 4.
Section 5 Conferences
5.1
Special Conferences. Special conferences for important matters may be arranged between
the Local President and the University or its designated representative upon request of
either party. Arrangements for such special conferences shall be made in advance and an
agenda of the matters to be taken up at the meeting shall be presented at the time the
conference is requested. Matters taken up in special conference shall be confined to those
included in the agenda, except by mutual agreement to change the agenda. The members
of the Union shall not lose time or pay for time spent in such special conferences. Such
meetings shall not be for the purpose of conducting bargaining negotiations, nor to in any
way modify, add to, or detract from the provisions of the Agreement. The agenda shall
include a list of participants which will not be changed except on prior agreement by both
parties. The University shall prepare a summary of the conference in writing within seven
(7) calendar days.
5.2
Complaint Procedure. If an employee has a complaint which is not a proper subject for a
grievance under the grievance procedure, the employee may discuss it with his/her
immediate supervisor. The employee may submit the complaint in writing. The employee
may have the assistance of the Local President in presenting the complaint. Complaints
shall be answered as soon as reasonably possible, but in no event shall an answer be
delayed more than five (5) calendar days, unless the time for an answer is extended by
mutual agreement. If the employee and the Union are dissatisfied with the answer, they
may request a Special Conference.
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Section 6 Grievances
6.1
Definition. Grievances within the meaning of the grievance procedure and the arbitration
clause shall consist only of disputes about the interpretation or application of this
Agreement and about alleged violations of this Agreement.
6.2
Procedure. When an employee has a grievance, the employee shall consult the supervisor
no later than twelve (12) calendar days from the date of the occurrence. The supervisor
shall answer the grievance orally, or in a written message no later than three (3) calendar
days from the consultation. If the employee does not receive an answer, or is not satisfied
with the supervisor's answer, such employee may file a formal grievance as follows:
Step l. The employee, or union representative shall submit the grievance in writing on the
prescribed form to the supervisor no later than seven (7) calendar days from the
supervisor's answer. The grievance shall be signed by the employee and a copy
sent to the union President and shall identify the section of the Agreement alleged
to have been violated. The supervisor shall then arrange for a meeting with the
employee no later than seven (7) calendar days after receipt of the grievance, at
which time the formal grievance may be presented. The union President (or
designated representative) may be present at this meeting if the employee
requests. The supervisor shall prepare a written answer to the employee on the
prescribed form no later than seven (7) calendar days from the meeting. If the
employee is not satisfied with the answer, the employee may present the
grievance at Step 2.
Step 2. The Union President (or designated representative) shall submit the grievance on
the prescribed form to the Human Resources Office's representative no later than
ten (10) calendar days from the receipt of the University's written decision. The
employee, and Union Representative shall again sign the grievance. The Human
Resources Office's representative shall arrange a meeting to be scheduled within
five (5) calendar days of receiving the notice, and may elect to have other
representatives at the meeting. Representing the Union shall be the Union
President or designee and/or a Union Representative of the Police Officers
Association of Michigan. The Human Resources Office's representative shall
prepare a written decision on the prescribed form no later than ten (10) calendar
days following the meeting.
Union Initiated Grievance
The Union may initiate Union grievances at Step 2 of the grievance procedure. A
Union grievance is defined as a grievance in which a specific right given to the
Union by this Agreement has been violated (such as: collection of dues or
representation) or involves a matter of policy that will affect the entire bargaining
unit (such as the application of rules or regulations). This does not cover individual
issues (such as discharge or discipline, or assignment of overtime).
6.3
Pre-arbitration Conference. If the Union, (in cases of the Union initiated), or the employee
is not satisfied with the answer at Step 2, the Union shall notify the Human Resources
Office’s representative in writing within ten (10) calendar days from the Union President’s
receipt of the written answer and request that a Pre-arbitration Conference be scheduled
5
for the purpose of restating the Union’s and the University’s positions. Such conference
shall be scheduled to occur within twenty (20) calendar days of receipt of the answer at
Step 2. Union participants in this Conference shall be limited to the Union President, or
designee, and representatives from the Police Officers Association of Michigan. The
University’s participants in this Conference shall include at least one person other than the
University’s representatives who answered the grievance at a previous step.
6.4
Arbitration. If the employee and the Union wish to request arbitration, they shall do so in
writing no later than thirty (30) calendar days from the date of the pre-arbitration
conference. Controversies referred to arbitration shall be limited to those concerning
compliance with the terms of this Agreement by the University and the Union. The
selection of the arbitrator shall be made within ten (10) calendar days from the date of the
request for arbitration. In the event they cannot agree upon an arbitrator within that time,
the arbitrator shall be selected by the Federal Mediation and Conciliation Service. The
arbitrator shall have no power to add to, or subtract from, or modify any of the terms of this
Agreement, nor shall they substitute their discretion for that of the University or the Union,
nor shall they exercise any responsibility or function of the University or the Union. The
arbitrator’s decision shall be final and binding on the parties, and the decision shall be
rendered after the conclusion of testimony and argument. Expenses for the arbitrator’s
services and the proceedings shall be borne equally by the University and the Union
except those expenses associated with compensating the representatives and witnesses.
If either party desires record of the proceedings, it may obtain same at its own expense,
and a copy must be provided to the other party. The Union President (or designee) and the
grievant(s) shall suffer no loss of pay for attending the arbitration hearing, but in no
situation will the Union President or the grievant(s), be compensated for more than eight
(8) hours at straight-time on the date of the hearing. Witnesses shall not suffer a loss of
pay if they testify during their scheduled work hours. There shall be no appeal from an
arbitrator’s decision. Each such decision shall be final and binding upon the Union and its
members, the employee or employees involved and the University. The Union will
discourage any attempt of its members and will not encourage or cooperate with any of its
members in any appeal to any Court or Labor Board from a decision of any arbitrator. The
above in no way precludes the possibility of representatives of the University and the
Union meeting and arriving at mutually agreed upon binding decisions prior to arbitration.
6.5
Time Limit. All grievances shall be considered permanently settled if they are not filed at
the next step in accordance with the prescribed time limits and on the prescribed form. If
the established time limit is not followed by the University, the Union may advance the
grievance to the next step. The time limits stated in this Section may be extended by
mutual consent, and a grievance may be withdrawn without prejudice by mutual consent.
6.6
Investigation and Representation. As the investigator of a grievance, the Union President
(or designated representative) shall be allowed reasonable time off their job, without loss
of time or pay, to investigate a grievance they are to discuss, or has discussed, with the
University upon having received permission from their supervisor to do so. The supervisor
will grant permission as soon as reasonably possible and provide sufficient time to leave
their work for these purposes, subject to necessary emergency exceptions. This privilege
is subject to the understanding that the time will be devoted to the proper handling of
grievances and will not be abused. These employees will perform their regularly-assigned
work at all times, except when necessary to leave work to handle grievances as provided
6
herein. Any alleged abuse of this privilege by either party may be a proper subject for a
Special Conference.
Section 7 Discharge or Discipline
7.1
Notice of Investigation, Discharge or Discipline. The employee being investigated shall be
informed of the nature of the investigation, prior to being interviewed.
7.2
The employee being questioned shall have the right to have the local president or
designated representative present during any questioning.
7.3
Written notice of disciplinary action or discharge shall cite the specific sections of rules and
regulations and/or appropriated law(s) or ordinance(s) which the employee is alleged to
have violated.
7.4
In imposing any discipline on a current charge, management will not take into account any
prior infractions which occurred more than two (2) years previously. In the event an
employee completes two (2) years of service without a disciplinary action, letters of
warning and/or suspension over two (2) years old shall be permanently removed from
his/her personnel file upon request to the Vice-President of Human Resources.
7.5
Upon request, copies of pertinent information used by the employer to reach a decision
shall be given to the union as soon as possible after a decision is reached.
7.6
Appeal of Discharge or Discipline. Should the discharged or disciplined employee consider
the discharge or discipline to be improper, a grievance shall be presented in writing as
provided in the grievance procedure. In cases of discharge, or discipline resulting in
suspension, the grievance shall be filed at Step 2 of the grievance procedure within 10
days of the discharge.
7.7
Probationary Staff members. The University may discharge or discipline probationary staff
members for such cause and in such manner as it, in its sole and absolute discretion,
deems appropriate and in the best interest of the University. Such discharge or discipline
shall not be subject to the grievance procedure of this Agreement. The University shall
have no obligation to re-employ a staff member who is discharged during the probationary
period. While probationary staff members may be included in lists, there shall be no
seniority among probationary staff members.
Section 8 Seniority
8.1
Definition. For purposes of this section "seniority date" shall mean the day on which an
employee last began employment as a regular employee, even though in a probationary
status. For purposes of vacation, the retirement plan and other staff benefits earned by
employment service, the provisions of the sections of this Agreement which provide for the
benefits shall determine the necessary service duration for each benefit.
8.2
Determination of Seniority. Seniority records shall be maintained by the University and
shall be based on the employee's seniority date. The University shall maintain current
records on seniority for use in the application of these provisions and they shall be
7
available whenever a Union representative shall raise a question of seniority. Such lists
and records shall also show the job title and latest employment date with the University for
each person, and a copy of the list shall be furnished to the Union every six (6) months.
8.3
8.4
Loss of Seniority. An employee shall lose their seniority if:
A.
They retire, are discharged for just cause or quits (An employee shall be
considered to have quit on their last day of work if they are absent from work for
three or more consecutive working days without notifying their supervisor unless
the employee is prevented from giving such notice by some cause beyond their
control.);
B.
They do not return to work upon expiration of a leave of absence;
C.
They fail, without approved reason, to return to work from layoff within seven (7)
calendar days after being notified of recall by the University, provided there is
acceptable proof that they had notice of recall;
D.
They have been on layoff for a period longer than eighteen (l8) months, or their
length of seniority at the beginning of the layoff, whichever is the lesser.
E.
They have been reassigned to a non-bargaining unit position with the University;
F.
They fail to return to work at the end of their sick leave or extended sick leave.
Application of Seniority. Seniority shall be the controlling factor in the following situations:
A.
Layoffs. The University agrees that should a reduction in force be required, the
University will make a good faith effort to do so through attrition. The Association
President and Vice President shall be notified of the positions to be reduced.
Bargaining Unit members will be given a minimum of fourteen (14) calendar days
notice prior to reduction in force. If fourteen (14) calendar days notice cannot be
given, severance pay will be provided in lieu of notice for each workday lost during
the fourteen (14) calendar day period.
In the event of layoffs or a reduction in the work force, probationary, and part-time
employees shall be laid off first. Thereafter, the employee with the latest seniority
date within classification shall be laid off, followed by the employee with the next
latest seniority date, and so on, provided that those remaining at work have the
ability to do the work which is available. The laid off sergeant shall be able to
bump the least senior staff member in the officer classification provided the laid off
sergeant has greater seniority.
Laid off bargaining unit members who notify the department within 2 weeks of
layoff that they want to be maintained as a temporary employee shall be
maintained on the temporary employee list. Laid off bargaining unit members
maintained on the temporary employee list retain rights as a laid off bargaining unit
member.
8
Laid off bargaining unit members who are maintained on the temporary employee
list will be contacted in order of seniority when temporary or part-time work is
available.
8.5
B.
Recalls. When employees are recalled from layoff because of the availability of
work, the laid off employee with the earliest seniority date shall be recalled first,
the employee with the next earliest seniority date second, and so on, provided that
they have the ability to do the work which is available.
C.
Job Vacancies. A job vacancy shall be defined, for purposes of this Agreement, as
a job assignment previously held by a bargaining unit member that needs to be
filled, or a newly created job assignment within the bargaining unit. Determination
with respect to the filling of job vacancies shall be based on the earlier seniority
date when two or more persons are equal in their qualifications, including work
and attendance records, for the vacancy. Job vacancies shall be posted on the
specified form for a period of at least five (5) calendar days on the union bulletin
board setting forth qualifications, hours, shift and job assignment title. Job postings
may be signed by any employee in the classification, except that any employee
who has received a different job assignment pursuant to a posting in the preceding
six (6) months shall not be eligible to sign a posting unless the posted job
assignment would permit an hourly pay rate increase for them. Job assignments
may be temporarily filled before a permanent assignment is made. Job vacancies
will be posted within 90 calendar days of job vacancy. In the event that a vacancy
is not filled within 30 days of the removal of the posting, the University agrees to
notify the Union of the cause of the delay. If no qualified employee signs the job
assignment posting, it may be filled by a new employee.
D.
Reassignment to an Officer Classification. When, because of a reduction in work
force, it is necessary to assign a sergeant to the officer classification, the
determination shall be based on the later seniority date when two or more
employees are equal in their qualifications to retain the higher position. The
displaced employee will be placed in the classification in which the least senior
employee is doing work that the displaced employee can do. However, no
employee shall be placed in a higher-paid classification because he/she is
displaced.
E.
Vacations and Optional Leave of Absence. In the event two or more employees
within the same classification apply for simultaneous vacations or leaves of
absence for reasons within the control of the employee during the same period of
time and if the work requirements do not permit such vacations or leaves of
absences, preference shall be given to the affected employees on the basis of the
earlier seniority date.
Non-applicability to Probationary Employees and Trainees. The Union shall represent
probationary employees and trainees only for the purpose of wages, hours and conditions
of employment and not for discharge or discipline. While probationary employees and
trainees may be included in seniority listings, there shall be no seniority among
probationary employees or trainees.
9
9.1
Definitions.
Section 9 Working Hours
A.
Regular Week. A regular full-time work week shall consist of forty (40) hours per
calendar week. Working schedules may be arranged by the University to reflect
requirements peculiar to the task being performed, provided the employee and the
Local President are given a notice of a change by the end of the preceding work
week. When such a notice is not given all hours of the regular schedule will be
compensated at one and one-half times the employees hourly rate. Department
will make every effort to inform the staff member if any changes are made to a
timecard and or data entry into a payroll system after it has been signed and
turned in for payment.
B.
Shift. A full-time eight (8) hour shift shall normally consist of an eight hour time
period of which one-half hour shall be used for a lunch period with compensation.
A full-time ten (10) hour shift shall normally consist of a ten (10) hour time period
of which one-half hour is used for a lunch break with compensation. Employees
are on call during their lunch break and must be readily available to answer any
calls. It is the intent of the University to maintain at least two full time sworn staff
members on duty on each Friday and Saturday between the hours of 10:00PM
and 2:00AM while fall and winter classes are in session.
C.
Shift Bid. Shift preference will be determined on the basis of seniority within the
classification as openings occur, provided the employee is qualified for the job.
Total employment service will be used for officer classification. When there is a
change in personnel in or out of the road officer assignment or whenever there is a
change in shifts, employees in the road officer assignment shall rebid shifts. The
bid will be conducted within three weeks of the opening or movement, with the
terms taking place within two weeks of receipt of bid selections.
At a minimum, shifts will be re-bid as follows:
Nov 15 to take effect at the start of the first pay period of January.
May 15 to take effect at the start of the first pay period of July.
Shift Bids occurring three months prior to the above dates will take the place of
that bid date.
A supervisor can sign the bid sheet for an officer with verbal or electronic
notification from affected officer.
9.2
Rest Breaks. Each employee shall be entitled to a rest break of fifteen (l5) minutes at or
near the midpoint of each consecutive shift worked as scheduled by the University. Such
rest breaks may not be accumulated from one shift period to another. Employees are on
call during rest breaks and must be readily available to answer calls.
9.3
Job Share The University and the Police Officers Association of Michigan (POAM) agree
that in unique circumstances, it may be beneficial for two employees to enter into an
agreement to job-share. A job-share position shall be defined as a full-time position shared
by two (2) bargaining unit members. Approval of a job-share shall rest with the University
after consultation with the POAM. At the expiration of this agreement, the parties will
10
review the status of job-share arrangements and determine whether this letter of
agreement should be extended, modified or terminated. For the term of this agreement,
the University and the POAM agree that:
A.
The University shall determine a regular job-share schedule, between 40 and 60
hours in a two-week period.
B.
Individuals interested in job-sharing should contact the Human Resources Office.
When a job-sharing opportunity becomes available, the Human Resources Office
will contact those who have expressed an interest and facilitate job-share
matching after application by the employee. Job-share opportunities shall be
posted.
C.
Benefits will be provided to employees in a job-share position as follows:
1.
Medical Insurance will be made available. The cost of coverage to the
University shall not exceed the cost of coverage for one staff member.
a.
If both job-share employees do not elect coverage, each will
receive 50% of the credit given to regular full and part-time staff.
b.
If one job-share employee elects medical insurance and the other
does not: the employee without coverage will receive 50% of the
credit given to regular full and part-time employees, the other jobshare employee will pay the cost of the credit given to the other
employee plus the cost charged to regular full and part-time
employees for the option that they select.
c.
If both job-share employees elect medical coverage, each
employee will pay 50% of the group cost for the plan chosen. The
University will pay the remaining 50%. Group costs will change
annually.
2.
Dental Insurance will be made available. The cost of coverage to the
University shall not exceed the cost of coverage for one staff member.
a.
If both job-share employees do not elect coverage, each will
receive 50% of the credit given to regular full and part-time staff.
b.
If one job-share employee elects dental insurance and the other
does not: the employee without coverage will receive 50% of the
credit given to regular full and part-time employees, the other jobshare employee will pay the cost of the credit given to the other
employee plus the cost charged to regular full and part-time
employees for the option that they select.
c.
If both job-share employees elect dental coverage, each
employee will pay 50% of the group cost for the plan chosen. The
University will pay the remaining 50%. Group costs will change
annually.
3.
4.
5.
Life Insurance will be provided equal to their base hourly rate of pay times
1040 hours.
Vision Insurance will be made available to the same extent and at the
same rate as is available to other University employees.
Employees will be paid 4 hours for each approved holiday listed in section
12.1 of the master agreement.
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6.
7.
8.
9.
Vacation will be accrued according to the provisions for part-time
employees as outlined in Section 12.2.
Salary Continuation will be provided according to the provisions for parttime employees as outlined in Section 12.3.1.
A Retirement Plan will be provided according to the provisions for parttime employees outlined in the plan document.
Medical Insurance for Retirees will be made available to the same extent
and in the same manner as is available to other part-time University
employees.
D.
It is understood that workspace will be shared.
E.
If requested, employees sharing a position will coordinate vacation time and work
full-time on days that the other employee is on vacation.
F.
The University may convert a job share position to a regular full-time position. If it
does, the University will give the employees a minimum of a one (1) month notice.
If the position is converted to a full-time position, the most senior employee shall
be offered the full-time position and the remaining employee may exercise their
rights under section 7 of the master agreement.
G.
Unless specifically addressed above, other provisions of the master agreement
apply to job-share employees.
H.
It is expected that the employees will work together to communicate daily work
needs. It is understood that employees, at their discretion, may need to use unpaid
time before or after their regular shift, or on days they are not scheduled to work,
to effectively communicate.
I.
No full-time position, held by an incumbent, shall be converted to a job-share if the
incumbent does not wish to job-share.
J.
Job-sharing is purely voluntary on the part of the employee.
Section 10 Monetary Compensation
10.1
Basis for Pay. Employees shall be paid in accordance with the Compensation Schedule
which is attached as Appendix A. An employee's rate shall be determined based on the job
title and the grade to which that position is assigned. The employee's established rate of
pay shall be used in determining overtime pay, lost time, group life insurance premiums
and other benefits.
The Director of Public Safety may place a newly hired staff in step 1-3 after evaluation of
individual’s prior police experience and specialized knowledge relevant to university
policing.
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10.2
Rate of Job. Employees shall receive increases at the completion of probation to the rate
of the job they are assigned to. Applicable service year increases shall be effective each
contract year (June 1).
10.3
Promotions. A promotion occurs when an employee moves to a job in a higher
classification. The employee shall receive an increase in rate on the date of promotion but
their rate must be established at no less than the specified rate in the new grade. A
promotional selection procedure consisting of three (3) factors will be developed and used
by the University. The selection factors will include a Written Examination worth fifty (50)
percent, an Oral Board Interview worth forty (40) percent (the Oral Board will be comprised
of a non-University law enforcement official; University School of Criminal Justice member;
University Director and/or Assistant Director of Public Safety; and two (2) University
Administrators representing the Academic and Student Affairs Division and the Finance
and Administration Division.), and seniority will be worth ten (10) percent. The employee
with the highest ranking will be promoted. Promotion decisions are not subject to the
grievance procedure.
10.4
Reassignment to a Lower Classification. Employees may be subject to a decrease in rate if
they are reassigned to a position in a lower compensation grade. An employee may
request in writing to the Director of Public Safety to be relieved of his/her promoted
classification and be returned to their former classification. The decision of the Director is
not subject to Section 6 Grievances.
10.5
Payment. All compensation shall be based only on time worked or the application of
appropriate benefits. Employees shall receive regular pay checks bi-weekly, no later than
the middle of the second week following the completion of a bi-weekly pay period.
Deductions from that check shall include only items authorized in writing by the employee,
required by law, money to which the employee is not entitled, or money owed to the
University.
10.6
Overtime Pay. All officers shall be eligible for overtime pay at the rate of one and one-half
times their base rates for hours worked in excess of their scheduled shift or forty (40)
hours per week. Hours not worked because an employee is on a holiday, using
compensatory time, personal day, jury duty, salary continuation or vacation shall be
treated as hours worked for the purpose of computing overtime pay.
In the event scheduled overtime is cancelled without providing 3 days notice to the
bargaining unit member, the bargaining unit member scheduled to work will have the
option to work 3 hours overtime as scheduled; duties to be determined by Director of
Public Safety or designee.
10.6.1 Overtime Equalization.
The assignment of overtime shall be reasonably equalized within classifications. The
normal maximum hours officers will be scheduled is (15) fifteen hours.
Upon field training competition, probationary officers will begin their total overtime hours on
the overtime equalization chart at the average of all members within the officer
classification.
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An overtime equalization chart shall be maintained within the department. The chart shall
list all overtime offers and each officer’s declined and accepted hours for each particular
offer. Each time an officer is offered overtime, the number of overtime hours worked, or the
number of hours declined, will be credited to officer’s chart. The overtime equalization
chart shall be posted monthly.
10.6.2 Mandatory Overtime.
Mandatory overtime shall be scheduled 2 weeks in advance of the scheduled event (or as
soon as possible after the overtime is known to management.) If there are unforeseen
circumstances, the two week requirement will not apply. Where the notice of mandatory
overtime is not provided in that time frame, the hours worked will be paid at twice the
regular rate.
If a member has checked with the Director of Public Safety or designee about a certain
date as being a mandatory day, and received a negative answer, that employee shall be
waived from any mandatory obligation of the day inquired about.
If a staff member has extenuating circumstances occurring on a mandatory overtime day,
they may request a release from the mandatory overtime day from the Director of Public
Safety, or designee. The employee shall meet with the Director of Public Safety, or
designee, to discuss the extenuating circumstance. The Director of Public Safety, or
designee, shall respond to the staff member’s request as soon as possible.
10.6.3 Compensatory Time Off. Public Safety staff who work overtime may choose to receive
compensatory time off. The compensatory time would equal the actual number of hours
worked multiplied by the time and a half. The election must be made before the time card
is submitted for payroll processing. Once either compensatory time or overtime pay is
submitted on the time card it cannot be changed. The university will normally pay off
compensatory balances after July 15 of each year, but reserves the right at any time to pay
any or all compensatory time balances off.
A.
Compensatory time off may not be accrued for overtime worked which is less than
three (3) hours per pay period.
B.
The maximum number of compensatory time off hours accrued between July 15
and July 14 may not exceed sixty (60). Any hours not used in a calendar year will
be carried over into the next calendar year.
C.
Accrued compensatory time hours will be kept separately. Staff members should
ask their supervisor if they wish to know how many hours are in their balance.
Upon a staff member’s request, the most recent pay period total will be available
for review.
D.
When staff members request to take time off from work, it is up to the staff
member to specify whether it will compensatory time or vacation time. Requests
for compensatory time off with at least ten (10) days notice shall normally be
granted. Requests made with less than ten (10) days notice shall be at the
discretion of the Director or Assistant Director.
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E.
Vacation time will continue to accrue when using Compensatory time.
10.7
Call-in Duty. An employee reporting for call-in duty at the University's request and for
which they had not been notified at least twelve (12) hours in advance or which is outside
of and not continuous with their work schedule, shall be guaranteed at least three (3) hours
pay and three (3) hours work at the rate of one and one-half times the regular base rate. A
full-time employee who reports for scheduled work when no work is available will receive
three (3) hours pay at their regular base rate of pay.
10.8
Premium Pay. In no case shall premium pay be paid twice for the same hours worked.
10.9
Rates for New Jobs. In the event a new classification is established or an existing
classification is substantially changed, it shall be assigned to a pay grade on the basis of
the relative value of the new or changed classification in comparison with the existing
classifications. The University shall provide the Union with a proposed written classification
title for the new or substantially-changed classifications. Upon receipt of the University's
proposed title, the President of the Union or designated representative and a
representative from the Police Officers Association of Michigan shall be afforded an
opportunity to meet with representatives of the University to discuss the new or
substantially-changed classification and its assignment to a pay grade. If there is
disagreement with the University's assignment to a pay grade, a grievance concerning
compliance with the requirements for a proper comparison with the existing classifications
may be processed through the grievance and arbitration procedure, provided the
grievance is submitted in writing within fourteen (14) calendar days after the Union is
afforded the opportunity to discuss the matter with the University. The meeting to discuss
the new or substantially-changed classification must occur within fourteen (14) calendar
days after the Union has been notified of the proposed title and pay grade unless the time
is extended by mutual agreement.
Section 11 Leaves of Absence
11.1
Definition. A leave of absence is an approved absence from University's employment for
more than one month without compensation. Absences for less than one month shall
normally be considered as lost time and are subject to supervisor's approval. Seniority
shall continue to accumulate for any leave of absence up to six (6) months, unless the
contract provision permitting the leave specifies otherwise. Thereafter, the employee shall
retain seniority but will not accumulate further seniority until returning to work. Applicable
conditions of the Family and Medical Leave Act will be followed in approving leaves of
absence.
11.2
Leaves of Absence Without Pay. A leave of absence without pay may be granted to an
employee for personal reasons for a period up to six (6) months. A request for a leave of
absence shall be submitted in writing, stating the reasons for the request. The conditions
under which the leave of absence is granted shall be specified in writing by the University.
If the employee's job is not held open during the leave period, the employee shall be
eligible to return to the next position open provided they are qualified. Failure to return at
the expiration of the approved leave of absence shall result in termination of employment.
The employee may continue health insurance at their own expense if the employee
arranges a pre-payment for the leave of absence period. Employees taking a leave for the
15
convenience of the University will have their group insurance continued. Employees may
elect to have their accumulated vacation retained in their accounts pending their return or
termination. Vacation or sick leave benefits shall not accrue during the leave period
although the previous balance will be maintained.
11.2.1 Military Leave of Absence. Upon application, a military leave of absence without pay will
be granted to employees who are inducted through Selective Service or voluntary
enlistment, or those called through membership in the National Guard or reserve
component into the Armed Forces of the United States. Credited service for military
service shall be determined by the retirement plan.
11.2.2 Educational Leave of Absence. Leaves of absence may be granted up to six (6) months
under the above provisions only if the course would be beneficial to both the University
and the employee.
11.2.3 Leave for Union Business. A member of the Union selected by the Union to do work which
takes them from their employment with the University may (notwithstanding the six (6)
months limitation stated above), at the written request of the employee, receive a leave of
absence without pay for a period not to exceed two (2) years. Upon expiration of their
leave of absence the employee shall be returned to their former job with accumulated
seniority. If the leave of absence exceeds one (1) year it will be necessary for the
employee to take a physical examination before returning to work.
A fund of 40 hours per contract year may be used to pay union members for attending
meetings or training sessions that necessitate time away from work.
11.3
Leaves of Absence With Pay.
11.3.1 Pay for Military Duty. An employee who loses time from work during their regular schedule
of hours because of military training as a reservist or National Guardsman or due to a civil
disturbance, not exceeding four (4) weeks per year, shall be paid the difference between
their base military pay and their regular salary.
11.3.2 Pay for Jury Duty. An employee who loses time from work during their regular schedule of
hours because of jury duty shall be paid the difference between their pay for jury duty pay
and their regular pay.
When jury duty occurs outside of work shift, every effort will be made to reassign the
officer so that jury duty occurs during work time. Employees are required to immediately
notify supervisor upon notice from the court of possible jury duty. If jury duty is completed
during any daily work shift, staff is required to return to work unless released from duty by
a supervisor.
11.3.3 Salary Continuation and Short-Term Disability. An employee on salary continuation or
short-term disability shall be entitled to return to their previous position provided that they
are released to return to their position within six (6) months from their last day worked.
The University will continue benefits for employees receiving salary continuation or shortterm disability pay.
16
11.3.4 Extended Sick Leave. When an employee’s salary continuation and short-term disability
pay have been exhausted, the employee may request to be placed on extended sick leave
if the employee continues to be unable to perform the duties of their position due to the
illness or accident. Such request must be made thirty (30) days prior to the expiration of
short-term disability payments. Extended sick leave may continue for up to eighteen (18)
months from the employee’s last day worked. The time period may be extended by mutual
agreement of the University and the POAM. If the employee is released to return to work
during his/her extended sick leave, he/she will be offered the next available position for
which he/she is qualified. Such position shall be equal in hours to the position previously
held, unless otherwise agreed between the University, the employee, and the POAM. The
University will pay the cost of COBRA medical coverage during the first twelve (12) months
of extended sick leave.
11.3.5 Attendance at Funeral. The University shall make reasonable effort to send at least one
full-time sworn uniformed staff member (1 day pay) to the funeral of a law enforcement
officer employed within the State of Michigan (State, County, Local, Municipality, College
or University) that is killed in the line of duty.
Section 12 Benefits
12.1
Holidays.
12.1.1 Approved Holidays. The following shall be the approved holidays for the term of this
agreement:
New Year's Day
Day preceding New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day following Thanksgiving
Christmas Day
Day preceding Christmas
Three (3) floating holidays each calendar year scheduled by the director.
In the event that the University recognizes an additional approved holiday, such holiday will be
added to those holidays observed under 12.1.1, Approved Holidays.
12.1.2 Work on a Holiday. If an employee works on an approved holiday, in addition to their holiday
pay, they will be compensated at the rate of two (2) times their regular hourly rate for all hours
worked on the holiday.
12.1.3 A bargaining unit member will be eligible for a holiday with pay, provided:
A.
They are a regular or probationary full-time or half-time employee on the day of the
holiday;
B.
They worked all of the hours of their last scheduled work day prior to and their next
scheduled work day after the holiday, unless excused by their supervisor;
17
12.2
C.
They are not on leave of absence or layoff at the time of the holiday;
D.
They are not receiving salary continuation, short-term disability, long-term disability,
or workers' compensation at the time of the holiday;
E.
They worked on the holiday if scheduled to work on that day, unless excused by their
supervisor. Holiday pay shall be for eight (8) hours if full-time or four (4) hours if parttime at the employee's regular hourly rate. For full-time employees who regularly work
a ten (10) hour shift, holiday pay shall be for ten (10) hours at the employee's regular
hourly rate.
Vacation.
12.2.1 Vacation Accrual. Regular, full-time and regular part-time employees accrue .05 hours of
vacation time for each hour worked (maximum 40 hours per week) during the first two years of
uninterrupted employment with the University. Thereafter, an additional eight (8) hours per
year (four (4) hours for part-time) is added with each calendar year of uninterrupted
employment with the University, except that the number of hours earned in any single year
shall not exceed one hundred sixty (160) hours (part-time, eighty (80) hours). Unused
vacation time may be carried over into the next calendar year providing the number of hours
does not exceed the hours earned the preceding year. Probationary employees shall earn
vacation allowance at the same rate but shall not be eligible to use such allowance until after
six (6) months of employment. Employees shall receive compensation for accrued vacation
but unused vacation upon leaving the employ of the University provided that the employee
gives at least two (2) weeks notice of their intent to leave. Vacation time shall not be used to
continue employment beyond the last day worked for the University.
12.2.2 Vacation Time Approval.
A.
B.
12.3
When a request for the use of vacation time is submitted at least thirty (30) calendar
days in advance of the beginning of the vacation time, the University shall either
approve or deny the request within ten (10) calendar days of the request.
When a request is made less than thirty (30) calendar days in advance, the
University will make every effort to approve or deny the request in a timely
manner
Income Protection.
12.3.1 Salary Continuation. Full-time employees shall have the first 160 working hours of any
disability fully paid. Eligibility for the full 160 hours of salary continuation shall be restored for
any disability after the employee has returned to work for 40 working hours.
12.3.2 Usage of Salary Continuation. Salary continuation may be used for:
A.
Employee or employee’s child, spouse, household member or parent’s illness or
injury, hospitalization and appointment pertaining to health.
18
B.
Impending death of employee’s parent-in-law to a maximum of three (3) working
days, if needed.
C.
Death of employee’s child, stepchild, foster child, spouse, household member,
brother, brother-in-law, sister, sister-in-law, parent, parent-in-law, grandchild,
grandparent or grandparent-in-law to a maximum of five (5) working days, if needed.
Extension may be granted in extenuating circumstances by the Human Resources
office.
D.
Attendance at a funeral of a relative other than above (maximum of one (1) day).
E.
With the supervisor’s approval, an employee may be released from work for that part
of that day needed to attend the funeral of an employee of the University.
F.
Regular part-time employees will only receive salary continuation for the actual
number of hours missed due to reasons identified in this section up to a maximum of
forty (40) hours per calendar year. Working hours are defined as the number of hours
the part-time employee was scheduled to work.
G.
Probationary employees shall be eligible for a maximum of forty (40) hours of salary
continuation during their probationary period subject to the limits outlined.
12.3.3 Miscellaneous Provisions Regarding Salary Continuation.
A.
The employee shall notify their supervisor of absence in advance and shall state the
expected duration thereof unless the failure to notify is due to circumstances beyond
the control of the employee. The supervisor may or may not excuse the absence,
depending on the reason given. If the employee's absence should extend beyond the
expected duration, the employee must again notify the supervisor.
B.
Any employee with excessive absenteeism due to illness may be required to provide
a doctor's certificate or other acceptable proof of the reason for absence. The
requirement of a doctor's certificate shall continue until the employee has
demonstrated acceptable attendance for a reasonable period of time.
C.
Employees engaging in other employment or profit-making activities while ostensibly
ill or injured may lose rights to salary continuation benefits and right to continue as an
employee of the University.
It is clearly intended that salary continuation as herein provided is primarily intended to protect
the income of employees while disabled. It is clearly intended that no use of salary
continuation may be beyond what is considered reasonable for the specific situation.
12.3.4 Short-term Disability. The University shall provide full-time employees a short-term disability
insurance for those absences caused by illness or injury for a period longer than 160 working
hours and less than six (6) months, subject to the conditions as stated in the master insurance
policy.
19
12.3.5 Long-term Disability. The University shall provide full-time employees a program of long-term
disability for those absences caused by illness or injury for a period longer than six (6)
months, subject to the conditions as stated in the master insurance policy.
12.3.6 Disability Retirement Credit. The University shall provide for continued participation in the
retirement program for any eligible employee receiving benefits under the disability program.
12.4
Retirement.
12.4.1 Retirement Plan. The employees covered by this agreement shall be eligible to participate in
the Clerical, Office and Technical Employees Retirement Plan for the term of this agreement,
in accordance with its terms. Employees hired after March 4, 2007 shall become member of
the defined contribution plan. Employees covered by this agreement, hired prior to March 4,
2007 however, shall be entitled to receive an early retirement (or deferred vested) benefit at
age fifty-five (55), with the appropriate early retirement monthly reduction as described in the
plan. In connection with this agreement:
1. The plan shall be amended to provide that the early (and deferred vested) retirement
monthly reduction as described in the plan applicable to the portion of the employee’s
benefit attributable to Benefit Service earned under the plan after February 1, 2004 and
before the end of the term of this agreement shall be zero;
2. The employees covered by this agreement shall contribute the percentage of their pay
(calculated before reduction by the contribution) determined by the plan’s actuary from
time to time (with each amount as calculated payable from each June 1 to the following
May 31) to the plan as an employee contribution, beginning February 1, 2004 and
continuing for the term of this agreement;
3. The University shall “pick-up” that contribution in accordance with Section 414(h)(2) of the
Internal Revenue Code;
4. Notwithstanding 3., above, and Appendix A, the University shall reduce each employee’s
pay by a corresponding amount; and
5. The plan shall also be amended to provide for a refund of the contributions described
above, without interest, in the event no other benefits are payable under the plan on death
or termination of employment.
In accordance with Section 414(h)(2) of the Code, this contribution will be treated as an
employer contribution for federal income tax purposes and will be taken into account as
“wages” for purposes of FICA. The contribution is being paid by the University in lieu of
contributions by the employees, and no employee has the opportunity to receive the
contributed amounts directly. To the extent permitted by law, however, the picked-up
contribution shall be treated as wages for all other purposes, such as for overtime pay,
calculating benefits under the plan, state taxes, calculation of Senior Officer Pay under
Appendix A, cost-of-living increases (if any) and salary increases, and full pay in Appendix A
shall be used for these purposes.
20
As noted above, the cost of reducing this early retirement monthly reduction to zero shall be
re-evaluated for each contract year (each June 1 to the following May 31) by the University’s
actuary. The employee contribution for each contract year shall be changed automatically and
without additional collective bargaining to equal the cost as determined by the University’s
actuary from time to time. The University will notify each employee covered by this agreement
prior to implementing the changed contribution.
12.4.1.1 Employee Contributions shall be adjusted each June 1 as follows:
The starting point for each year is the applicable actuarially determined employee contribution
rate (the “Employee Contribution”).
The Employee Contribution shall be adjusted each year by comparing the “Recommended
Contribution as a Percentage of Payroll” as determined by the Plan’s actuary from time to time
(the “Recommended Contribution”) to 12%. If the Recommended Contribution is less than
12%, the difference between 12% and the Recommended Contribution shall be subtracted
from the Employee Contribution and the resulting percentage shall become the New
Employee Contribution to the Plan for the applicable 12 month period. An additional 1% will be
deducted from the new Employee Contribution. If the resulting percentage is less than zero,
the New Employee Contribution to the Plan shall be zero. No amount shall be returned to any
Participant as a result of any change in the New Employee Contribution or the reduction of the
New Employee Contribution to or below zero.
If the Recommended Contribution is greater than 12% there shall be no adjustment in the
otherwise applicable Employee Contribution for the applicable 12 month period.
The Actuary Valuation Report for the plan year proceeding the contract year will be used to
determine the Employee Contribution and Recommended Contribution.
For example, if the Recommended Contribution identified in the Plan’s actuarial valuation for
the plan year ending June 30, 2008 is 9.8% and the Employee Contribution is 6.2%, the New
Employee Contribution effective June 1, 2008 through May 31, 2009 would be 4% (6.2% (12% - 9.8%). Following that example, and using the Actuarial Valuation Report ending June
30 2009, if the Recommended Contribution the following year is 14% and the Employee
Contribution is still 6.2%, the New Employee Contribution effective June 1, 2009 through May
31, 2010 would be 6.2%.
The amount of the contribution shall be treated as picked up by the University as provided for
in the Internal Revenue Code. No employee may receive this picked up contribution directly.
After being withheld, the contributions shall be paid by the University directly to the plan’s
Trustee or insurance company.
Contributions that may not be picked up for any reason shall still be deducted from each
employee’s compensation and shall be treated as after-tax employee contributions.
12.4.2 Medical Insurance for Retirees. The University will make available a medical insurance plan
for official retirees in the same manner and on the same basis as applies to all the University’s
other official retirees.
21
An official retiree (including early retirees) for purposes of this benefit, will be defined as any
regular employee who is employed by the University at the time of retirement, who is vested in
a University sponsored retirement plan and whose years of University service and age total a
minimum of 75. Coverage for the spouse of the retiree or early retiree is available on the same
basis as for other University official retirees.
The University retains the right to modify or terminate this plan upon reasonable notice to staff
and retirees.
12.4.3 Retiree Prescription Drug Insurance. Should the University offer retiree prescription drug
coverage to any employee group on campus during the life of this agreement, such coverage
will also be offered to current POAM staff members. Such coverage will also be offered to any
retired member who elected retirement during the life of this agreement.
12.5
Medical Insurance. The University shall make available medical insurance to the employees
covered by this agreement to the same extent and in the same manner and at the same costs
as is available to other University employees, such as Faculty and the Executive,
Administrative and Professional Staff employees. It is the University’s goal to have the same
medical insurance plans offered uniformly to all University groups and employees.
The University retains the right to make changes to the medical insurance plans it offers
provided that the changes are the same for each employee group. The University will notify
the Union of and discuss with the Union changes prior to making the change.
The employer shall make available vision insurance to the employees covered by this
agreement to the same extent and in the same manner as is available to other university
employees, such as Faculty and Executive, Administrative and Professional staff employees.
It is the University’s goal to have the same vision insurance plan(s) offered uniformly to all
university employee groups and employees.
12.6
Life Insurance. The University shall continue to make available a group life insurance
program. The program shall be the same basic program as applicable to the University's other
employees. The minimum life and accidental, death and dismemberment insurance amount
will be an amount equal to base salary.
12.7
Dental Insurance. The University shall make available dental insurance to the employees
covered by this agreement to the same extent and in the same manner and at the same costs
as is available to other University employees, such as Faculty and the Executive,
Administrative and Professional Staff employees. It is the University’s goal to have the same
dental insurance plan(s) offered uniformly to all University employee groups and employees.
12.8
Uniforms. The University agrees to provide and replace uniforms and required equipment as
necessary. All employees will wear required uniforms. A uniform maintenance allowance of
$250.00 twice a year will be provided to each employee by January 15 and July 15 of each
year. The allowance will be taxable. If an employee does not work for a period of thirty (30) or
more days, the allowance will be reduced by a prorated amount. Protective Vests will be
provided and replaced as necessary.
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12.9
Worker's Compensation. Employees of the University shall be entitled to benefits as required
under the Worker's Compensation Act. Employees, within twenty-four (24) hours of an
accident, whether or not medical care or absence from work seems necessary, shall report
such incident to their supervisor. The University agrees to pay the difference between the
worker's compensation benefit and the employees regular pay not to exceed an amount equal
to twenty (20) days of salary continuation.
12.10 Academic Participation For Staff and Retirees.
A.
A full-time employee, with the approval of the Director of Public Safety or Designee,
may attend Grand Valley State University courses each semester, tuition free, if the
course is taken outside the normal workweek schedule and is taken for credit.
Retirees may enroll with the approval of the Human Resources office.
B.
A part-time employee after completing one year shall be entitled to a 3 credit hour
course two semesters per year, on the same basis as A above, if the employee’s
supervisor approves such a request and the course is taken outside the normal
workweek and is taken for credit.
C.
Spouses, household members and eligible dependents of full-time staff and retirees
are eligible for a fifty percent (50%) reduction of their tuition costs for all Grand Valley
Sate University courses. Spouses and eligible dependents who use this benefit are
subject to the admission and academic requirements of the University. The materials
describing the program are available through the Human Resources Office.
D.
If a bargaining unit member takes an academic class outside the normal workweek,
the total number of class hours will be added to the Compensatory Time Off bank,
once during the calendar year. Academic classes acceptable for this program are
subject to the discretion of the Director of Public Safety or Designee. Total class
hours will be added upon proof of successful completion (C or better). Excessive
absenteeism from class would be grounds to deny adding class hours to the
Compensatory Time Off bank. The hours will accumulate at straight time. The
Compensatory Time hours added are subject to 10.6.3.
12.11 Training.
A.
The University will require the following firearms training on an annual basis:
1. Combat Shoot
2. Two (2) qualifications each calendar year.
B.
With the approval of their supervisor, an employee may attend a job related course
which is not offered by the University, if the course is taken for credit outside of
normal working hours. Upon notice to the supervisor of successful completion, C or
better, the employee will be reimbursed for tuition charges.
C.
When traveling between Allendale campus or home and a training location an off-duty
officer’s shift begins upon their departure and their shift ends upon their return to
home or department. If an officer conducts personal business during travel the time
spent may not be counted as work time. If an officer is going to training during their
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regularly scheduled shift they are to return to the department to receive further
assignment, unless released by a supervisor.
Section 13 Miscellaneous Provisions
13.1
Other Work Assignments. It is agreed that employees at the University may be assigned to
other tasks during certain times without an increase or decrease in their regular rate of pay as
opposed to being laid off because of lack of available work in their specific classifications. It is
understood that the above provision does not guarantee twelve months employment each
year to any employee but is merely a sincere effort on the part of the University to utilize the
talents and services of regular employees during normally slow periods.
13.2
Complete Agreement. It is the intent of the parties hereto that the provisions of the Agreement
supersede all prior agreements and understandings, oral or written, expressed or implied,
between such parties, and shall govern their entire relationship. The provisions of this
Agreement can be amended, supplemented, rescinded or otherwise altered only by mutual
agreement in writing hereafter signed by the parties hereto. If, during the life of the
Agreement, any of the provisions contained herein are held to be invalid by operation of law or
by the tribunal of competent jurisdiction or if compliance with or enforcement of any provisions
should be restrained by such tribunal pending a final determination as to its validity, the
remainder of this Agreement shall not be affected thereby. In the event any provisions herein
contained is so rendered invalid, upon written request of either hereto, the University and the
Union shall enter into collective bargaining for the purposes of negotiating a mutually
satisfactory replacement for such provisions.
13.3
Parking. The university will provide parking to staff members covered by this agreement to
the same extent and in the same manner as is available to other University staff members,
such as Faculty and the Executive, Administrative and Professional Staff members.
13.4
Bulletin Boards. The University will provide an exclusive area on a bulletin board for the
exclusive use of the Union for posting notices of the following types:
A.
Notices of official recreational and social events.
B.
Notices of elections.
C.
Notices of results of elections.
D.
Notices of meetings.
E.
General Union information.
F.
Shift Bid.
G.
Job Postings.
Use of other bulletin boards of the University by the Union shall be subject to the general rules
and regulations of the University regarding the use of bulletin boards. In no event shall the
Union post notices of a political nature on University’s bulletin boards. All notices shall be
submitted to the supervisors for approval and posting.
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Section 14 Ratification, Termination and Modification
14.1
Ratification. The Union agrees to submit this Agreement to the employees of the bargaining
unit covered by this Agreement for ratification by them on or before May 31, 2009 and will
recommend to the employees that it be ratified.
14.2
Duration. This Agreement shall remain in effect June 1, 2009 until 11:59 p.m., May 31, 2012
and from year to year thereafter, unless notice of termination or modification is given as
provided in this Section 14. The parties agree that neither party shall request the other party to
negotiate with respect to any other matter, and neither party shall have an obligation to
negotiate or bargain with the other with respect to such matters during the terms of this
Agreement.
14.2.1 Termination. If either party desires to terminate this Agreement, it shall, sixty (60) days prior to
the termination date, give written notice of termination. If neither party shall give notice of
termination of this Agreement as provided in this paragraph or notice of amendment, as herein
provided, or if each party giving a notice of termination withdraws same prior to termination
date, this Agreement shall continue in effect from year to year thereafter, subject to notice of
termination by either party on sixty (60) days written notice prior to the current year's
termination date.
14.2.2 Modification. If either party desires to modify or change this Agreement effective after the
termination date, it shall, sixty (60) days prior to the termination date, give written notice of
amendment, in which event the notice of the amendment shall set forth the nature of the
amendment or amendments desired. If notice of amendment of this agreement has been
given in accordance with this paragraph, this Agreement may be terminated by either party on
ten (10) days written notice of termination. Any amendments that may be agreed upon shall
become and be a part of this Agreement without modifying or changing any of the other terms
of this Agreement.
14.3
Notification. Notice shall be in writing and shall be sufficient if sent by certified mail and
addressed, if to the Union, to the Local President and if to the University, addressed to the
Human Resources Officer, Grand Valley State University, or to any such address as the Union
or the University may make available to each other.
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IN WITNESS WHEREOF, THE PARTIES HAVE SET THEIR HANDS
Date Signed:
FOR THE UNION:
FOR THE UNIVERSITY:
___________/S/____________________
President, POAM Local
_________________/S/____________________
Associate Vice President for Human Resources
___________/S/____________________
Business Agent, POAM
___________________/S/__________________
Director of Staff Relations
____________________/S/_________________
Director of Public Safety
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Department of Public Safety
Appendix A1
Classification Titles and Rates of Pay-Officer
2009-2012
2009-2010
Trainee
Probation
Year 1
Year 2
Year 3
Year 4
$18.93
$19.89
$21.97
$23.55
$24.91
$25.16
2010-2011*
June 1, 2010
Trainee
Probation
Year 1
Year 2
Year 3
$18.93
$19.89
$21.97
$23.55
$24.91
Year 4
$25.16
Effective January 1, 2011
Officer Hired Before 1-1-2011
Officer Hired 1-1-2011 or After
$19.79
$18.93
$20.77
$19.89
$22.89
$21.97
$24.50
$23.55
$25.89
$24.91
$26.14
$25.16
2011-2012**
Officer Hired Before 1-1-11
6-1-11
to
12-31-11
Trainee
$20.19
Probation
$21.19
Year 1
$23.35
Year 2
$24.99
Year 3
$26.41
Year 4
$26.66
Footnote 1 to Appendix A:
Officer Hired 1-1-11 or After
1-1-12
to
5-31-12
6-1-11
to
12-31-11
1-1-12
to
5-31-12
Officer Hired 1-1-12 or After
$20.31
$21.31
$23.47
$25.11
$26.53
$26.78
$19.31
$20.29
$22.41
$24.02
$25.41
$25.66
$19.43
$20.41
$22.53
$24.14
$25.53
$25.78
$19.31
$20.29
$22.41
$24.02
$25.41
$25.66
1
The amounts reflected here are the rate of pay before reduction by the mandatory employee contribution to the Clerical, Office and
Technical Employees Retirement Plan. The University "picks-up" that contribution. Notwithstanding that reduction, however, all gross
wages for benefit calculations are based on Appendix A before reduction to the extent provided in Section 12.4.1.
* 2010-11 - If AP/Faculty salary adjustment program is at least a 2.5 then POAM get the reflected wage above;
if the salary adjustment program is less then POAM will receive that percentage. (The AP/Faculty
salary adjustment program is: No salary adjustment or service year increase and effective 1-1-2011
medical plan savings distribution of 2% of 2009-10 wages plus $0.48 and service year increase)
** 2011-12 - If AP/Faculty salary adjustment program is at least a 2.25 then POAM receives the reflected wage
above; if the salary adjustment program is less then POAM will get that percentage.
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Appendix A (Continued)
SENIOR OFFICER PAY:
Senior Officer Pay shall mean a payment based on continuous service paid to Officers in addition to their
regular wages. An Officer who has ten (10) or more years of continuous service with the University and has
completed the eligibility requirements shall receive two (2) percent of their hourly wage rate paid half on
December 1 and half on June 1. (An annual basis of 2,080 hours will be used in determining payment, and
the payments will not be added to base pay.)
Officers who for any reason terminate employment with the University prior to June 1 or December 1 shall
not receive Senior Officer Pay. An Officer absent due to a Leave of Absence shall receive Senior Officer pay
on a prorated time basis for time worked.
Eligibility Requirements
Complete First Line Supervision Course;
Select at least one specialized subject of law enforcement and
annually, complete an additional training course of Officer's
choice, with approval of the Director, and conduct informational
session to heighten the awareness of the other staff in the unit.
FIELD TRAINING OFFICER AND FIRE SAFETY TRAINING PAY:
Field Training Officer Pay shall mean that during the time an officer, with the appropriate certification, is
conducting field training authorized by the Director of Public Safety Services, they will receive an additional
$2.00 per hour.
Fire Safety Training Pay shall mean that during the time an officer, with the appropriate fire safety
certification, is conducting research, assisting in writing programs and policies, and/or conducting fire
safety training authorized by the Director of Public Safety Services, they will receive an additional
$1.00 per hour.
DETECTIVE ASSIGNMENT:
The assignment will be rotational within the department subject to the following:
1. The individual selected for the assignment is expected to remain in the assignment for three years.
Upon the completion of the assignment, the officer may apply for other open jobs or bid for a road
officer shift. At the minimum, the officer will be returned to the shift he or she held prior to being
assigned to the investigator job.
2. As a Public Safety Officer, the assignment requires the same minimum qualifications. In addition, the
assignment will require two years of full-time police experience.
3. Any Officer meeting the minimum qualifications will be considered for the detective assignment.
Selection will be based on desire, experience (submission of a resume), and an oral interview
conducted by internal (Sergeant and above) and external law enforcement personnel. If at the time of
rotation no officer expresses interest in the assignment, the current investigator will be considered for
another rotation.
4. The detective’s shift will be Monday through Friday from 8:00 AM to 4:00 PM. Hours may change
based on the needs of the department or investigator. An alternative shift may be considered during
University breaks.
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5. For emergency purposes, the detective must be reachable except while on vacation or sick leave. At
a minimum, a phone and answering machine will be utilized.
6. The assignment is a Public Safety Officer position with the respective classification’s pay rate and
benefits. When appropriate criteria are met, the assignment includes Senior Officer Pay (2% of hourly
pay).
7. The assignment will include additional compensation for clothing allowance in the amount of 3% of
annualized base wages to be paid twice each year. Notice of such payment will be sent to Human
Resources on January 15 and July 15 of each year. The additional compensation will appear in the
appropriate paycheck following notification. The additional compensation is subject to the applicable
taxes. The allowance will be prorated for the length of time the position is held.
8. The Detective shall receive a badge and office name plate.
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Letter of Agreement
Insurance Committee
The University will meet quarterly with the Union President or designee to inform, obtain input and opinions,
share wellness initiatives, discuss the University’s costs of health insurance plan, and other insurance
matters. At least once each academic semester, the University will invite representatives from each staff
group at GVSU to the same meeting to discuss GVSU’s health insurance. Either party may terminate
conditions of this section at any time with thirty (30) days written notice.
Date: June 1, 2009
_______________________________
Maggie McCrystal
Director of Staff Relations
_____________________________
Scott Dusendang
Police Officer
President, GVSU POAM
_____________________________
Timothy Lewis
Business Agent, POAM
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